I was summoned for jury duty selection on June 15 2023 at 8:30 AM.
FEWER JURY TRIALS
We have fewer jury trials. In Canada, trials before juries are typically saved for criminal cases. In the US, juries are used more often, including on non-criminal cases that, in this country, would typically simply go before a judge.
The United States Constitution provides for the right to a jury trial even in civil cases. In Canada, there is no such right and therefore no jury trials in civil disputes. This substantially alters the nature and outcome of product liability and patent infringement and invalidity litigation between the two countries. In the criminal context, juries in Canada are prohibited from discussing their deliberations after the trial is over, unlike their American counterparts who sometimes speak to the media.
CANADIAN CRIMINAL LAW IS UNIFORM ACROSS THE COUNTRY
Canada possesses a single federal criminal code that applies to every single province and territory. The US, for contrast, has different laws from state-to-state, leading to the kind of jurisdictional clashes you’ll sometimes see on those crime TV shows, which doesn’t really happen here.
Gavel to gavel
Thanks to Hollywood, a small wooden mallet called a gavel is one of the most emblematic symbols of justice. However, in modern times the gavel is nearly exclusively associated with American justice. Canadian judges don't even have them in their courtrooms.
About half of all Canadian judges, and all
those sitting on superior courts, are appointed and paid by the federal government. We have a
small federal court that operates as one travelling court for limited federal matters.
The Supreme Court
of Canada has final authority over all public and private law throughout Canada. This includes
all municipal, provincial, and federal law, all common law, legislation, and constitutional
interpretation. The Supreme Court of the United States has a more limited mandate: it deals only
with federal legislation and the US Constitution. It plays no role in private law and relationships
such as debt collection, family law, land, contracts, and negligence.
Each year, jury questionnaires are mailed to about 800,000 people living in Ontario to determine if they are eligible for jury duty.
People who qualify to serve as jurors may receive a letter in the mail (a summons) asking them to go to an Ontario courthouse or other location to participate in the jury selection process. Being summoned to jury duty does not mean you will be selected to be part of a jury.
Provincial judges are appointed, as considered necessary, by the Lieutenant Governor in Council on the recommendation of the attorney general. A person cannot be appointed as a provincial judge unless he or she has been a member of the bar of one of the provinces or territories of Canada for at least 10 years.
Property owner to OHIP
At the location on your summons, people are randomly selected to participate on a jury. You might not be selected.
If you are selected to be a juror, a judge will provide information about what to do next. If you’re not selected, you might be asked to return the next day to repeat the process.
If you are selected to be a juror, a judge will provide information about what to do next. If you’re not selected, you might be asked to return the next day to repeat the process.
Upon arrival, you check in by last name. Around 9:30 we were shown a video, Jury Duty and You.
It is the civic duty of all Ontario residents who are Canadian citizens 18 years of age and older to serve as a juror if selected. It appeared to be about 150 people.
A juries manager arrived to give us information regarding emergency instructions, said there were at least 10 cases that would need juries. She would be back around 10, so take a break and use the bathroom.
REMUNERATION
Day 1-10: $0
Day 11-49: $40
Day 50-end: $100
Day 1-10: $0
Day 11-49: $40
Day 50-end: $100
At 10, 150 of us were taken by escalator (not allowed to use the elevators) to a 6th floor courtroom. The judge, registrar, secretary, accused, accused lawyer and assistant, crown and assisting detective were in the room
The charges against the accused were read, to which he pleaded not guilty to all three.
The judge then asked people to raise their hands if the question applied to them. They would then approach the microphone and the judge further questioned them.
Do you know any of the lawyers/accused/judge in the room? 0/0
Are you hard of hearing ? 2/3 dismissed
Do you understand English? 2/2 dismissed
Convicted of a crime? 0/1 dismissed
Are you members of Parliament and provincial legislatures, senators, federal and provincial justice department employees, police officers, lawyers, judges, correctional officers, medical doctors or examiners, and probation officers. 6/7 dismissedThen the list of witnesses is read and we are asked if any of the names seem familiar. No one raised a hand.
The Crown Attorneys’ offices are responsible for prosecuting a majority of criminal offences in the Province of Ontario, from summary conviction offences in the Ontario Court of Justice to the most serious indictable offences in the Superior Court of Justice. Prosecutions occur throughout the province, from locations as remote as fly-in First Nations communities to the country’s busiest courthouses in downtown Toronto.
Assistant Crown Attorneys attend court routinely and have carriage of prosecutions ranging from minor thefts all the way up to first-degree murders. The Crown Attorneys’ offices are also responsible for summary conviction appeals.
Crown counsel hold a quasi-judicial role as a minister of justice.This mea ns that the Crown does not win or lose, nor does the Crown seek a conviction at all costs. At the same time, Crown counsel must be strong and effective advocates. The adversarial process is an important part of the Canadian judicial system. Therefore, it is permissible for Crown counsel to vigorously pursue a legitimate result to the best of their ability. Public confidence in the administration of justice is bolstered when Crown counsel effectively lay before a trier of fact credible evidence relevant to an alleged crime, firmly and to its legitimate strength, but fairly. At all times, Crown counsel must act fairly, independently, objectively, and without negative or positive animus towards the accused or victim(s)
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Judges of the Superior Court of Justice wear black gowns, white tabs, and a red sash. Judicial gowns are adorned with a badge created by Canada’s Chief Herald, which consists of the sun in splendour, representing the majesty of the law, as well as a red maple leaf, the scales of justice, and a Royal Crown that rests on the sun’s upper rim.
The standard lawyer's robe in Canada is black, made of wool or a wool blend, and has long, wide sleeves. The robe is designed to be worn over a petty coat, white shirt and tabs and the robe extends to the feet. It is made of heavy material to give it a dignified and formal appearance. The petticoat worn under the robe is black with sleeves that extend to the wrists. The white tabs, strips of white cloth extending from the collar of the robe, lay flat against the chest.
The trial then starts with everyone standing and swearing allegiance to the King.
The charges were read and the accused stated not guilty to 3 counts.
The Registrar then starts pulling juror numbers. 20 (A) people are selected and led away for further vetting.
The judge suggests, and the lawyers agree, to another group of 20 (B) be selected to speed things along.
I am B1 selected. 19 more are selected and we are moved to the 4th floor to be listed by hand (and not by the sharpest individual) and adding our phone number. We are given questionnaires to complete and lead back up to the 6th floor where Group A are appearing individually to the judge. They are up to # 12 or 13 at this point.
This is the moment to list your hardships.
Group B #1 and 2 now move to the hallway where A 18,19,20 are seated. They head into the courtroom and all come back and head into the Jurors' Room, they now have 10/12 selected.
What are the odds? I head in as B1, given a choice of swearing on a holy book or affirming. I affirm. Judge goes through my papers and says he sees no reason I shouldn't be selected and lawyers agree. I leave as Juror 11.
I go back and enter the Jurors' room. I look around and see that women are underrepresented and sure enough B2 is now Juror 12.
B3 and 4 enter the courtroom. We knew B3 will be dismissed as a student doing exams. B4 is now Alternate Juror 13 and Alternate Juror 14 joins us.
Again our names are recorded by hand along with phone numbers.
#1 Male White
#2 Female Indian
#3 Male Black
#4 Male Muslim
#5 Female White professor
#6 Male White? beard
#7 Male Indian
#8 Female White social worker
#9 Male White CEO research
#10 Male Asian teacher
#11 Female White
#12 Female White nurse
#13 Female Muslim Government CS
#14 Female White director HR
We are all taken back into the courtroom where the judge advises us on our duties. Also in the room are the Registrar, Secretary, accused lawyer (MS), and assisting lawyer, accused.
Crown lawyer (M) and assisting police detective.
The case is listed as R. v. Accused. R. meaning Rex/King or Crown.
The Crown Attorneys’ offices are responsible for prosecuting a majority of criminal offences in the Province of Ontario, from summary conviction offences in the Ontario Court of Justice to the most serious indictable offences in the Superior Court of Justice. Prosecutions occur throughout the province, from locations as remote as fly-in First Nations communities to the country’s busiest courthouses in downtown Toronto.
Assistant Crown Attorneys attend court routinely and have carriage of prosecutions ranging from minor thefts all the way up to first-degree murders. The Crown Attorneys’ offices are also responsible for summary conviction appeals.
Crown counsel hold a quasi-judicial role as a minister of justice.This mea ns that the Crown does not win or lose, nor does the Crown seek a conviction at all costs. At the same time, Crown counsel must be strong and effective advocates. The adversarial process is an important part of the Canadian judicial system. Therefore, it is permissible for Crown counsel to vigorously pursue a legitimate result to the best of their ability. Public confidence in the administration of justice is bolstered when Crown counsel effectively lay before a trier of fact credible evidence relevant to an alleged crime, firmly and to its legitimate strength, but fairly. At all times, Crown counsel must act fairly, independently, objectively, and without negative or positive animus towards the accused or victim(s)
At 4:45 we are dismissed. We head back to the Juror Room, and are given further instructions to meet at 9:30 on the 6th floor tomorrow.
We are given information on what to do if we are delayed.
We are to keep straight faces in the courtroom.
We may raise our hands only if we can't hear, see or need a "comfort" break.
We cannot take the elevators.
We must always knock before we open the door.
We must leave the room as a group.
Bring IDs tomorrow? Seriously we have been selected/approved/sworn in and now you want ID?
Morning and afternoon snacks will be provided. 11:30 bagels or muffins and a drink. 3:30 drinks.
Day 2 Friday - we meet at 9:30 and morning snack orders are taken as we wait. We are then escorted to our juror room. We line up by number and enter the courtroom.
This is the configuration, except we do not have either of the accused boxes. The accused is sitting on the left side with his two lawyers. The Crown lawyer is sitting on the right with a detective.
We also have the two alternatives sitting in the jury box.
The lawyers and judge, registrar, and reporter have computers. The reporter also has a video camera atop his computer filming the proceedings.
Where the accused box is on the far left, we had two video screens for evidence and Zoom witnesses.
Image found online - Toronto Star. Flip the image so the jury box is on the right.
There are a variety of coats of arms on display in
Ontario courtrooms. In many of the Superior Courts,
the ‘Royal Coat of Arms’ is found. This coat of arms
identifies the person who is the head of the state.
The Superior Court judges sit under the Royal
Arms to show that they represent the monarch,
as appointees
of the federal
government.
Older Ontario
courtrooms
display the
‘Royal Arms of
the Monarchs
of England’,
with the English
‘Lion’ and the
Scottish ‘Unicorn’
supporting a shield with a Royal Crown above it.
The shield shows various Royal Emblems of the UK
(the three Lions of England, the Lion of Scotland
and the Harp of Ireland). The Shield is surrounded
by a garter bearing the motto “evil to him who
thinks evil” in Latin, which symbolizes the Order of
the Garter, an ancient order of knighthood of which
the Queen King is sovereign. Below the garter and the shield is a banner with the motto “God and My Law” (a statement of the rule of law). Some official plants of the United Kingdom – the rose, thistle, and shamrock – are displayed beneath the Shield. Courtrooms of the Court of Appeal for Ontario in Osgoode Hall, the historic courtroom at Old City Hall in Toronto, the Superior Court of Justice and some other pre-1931 Ontario courtrooms display this coat of arms.
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Judges of the Superior Court of Justice wear black gowns, white tabs, and a red sash. Judicial gowns are adorned with a badge created by Canada’s Chief Herald, which consists of the sun in splendour, representing the majesty of the law, as well as a red maple leaf, the scales of justice, and a Royal Crown that rests on the sun’s upper rim.
Lawyers and judges do not wear wigs in Canada.
Image found online Twitter account Superior Court of Justice.
Lawyer on left, judge on right.
Court begins about 10:10 and the Crown makes his opening remarks and outlines what we will hear.
On July 4, 2020 a Saturday
Injuries
Witness 1 (B) July 4 2020
January 6 2021
July 2022
Witness 1 (B) took the stand around 10:30
Shows a couple of video exhibits of location
At 11:15 there is a discussion and Judge asks us to leave. Our snacks have arrived and we are escorted back (in numerical order) around 11:30.
Break for lunch at 1 with orders to be back by 2.
Lunch with #2 chat with #1
Into court at 2:15.
Cross witness very showy
Better, more detailed exhibits.
Witness 1 steps down around 3.
Witness 2 police officer (AF) via ZOOM
Problems with audio
Questioned by accused lawyer
Missing pages from officer's notes
Asked to leave - take our break
Resume 3:30 notes found
Finish 3:45 leave building at 4 PM
Thursday June 15 jury selection
Friday witness 1 B PO
Monday victim M
Tuesday victim M PO contempt of court
Wednesday POs
Thursday off
Friday off
Monday off
Tuesday closing arguments - judge instructions - deliberation - verdict 9:30 PM
TOTAL TRIAL 9 days
TOTAL JURY 6 days
Judge Pinto
Defence Nabeel Shaliman
Assistant Crown Daniel Mapa
Typical day
Wait for 2 to show at 9:50. Into court 10:40 Break at 11:30 back in court 12:30 break at 12:45 for lunch back at 2 into courtroom 2:30 Break/dismissed 3:30
No jury sitting Thursday, Friday, return Monday 12:30 (due to city elections) - cancelled Friday PM
Tuesday 9:30 with suitcases. As per every day #13 is late. #2 very late as we went to courtroom without her.
Finally entered court around 11:10. Judge dismissed alternates # 13 and 14. Judge announced that charges 1 and 2 were dismissed and we would only have charge of aggravated assault to consider.
#3 is chosen at random as foreperson
Closing statement by defence 1 hour.
Break 12:15 - 12:30 for snacks.
12:30 - 1:15 Closing statement by Crown 1 hour.
1:15 - 2:15 Lunch break
Break hotel rooms booked, phones removed, dinner ordered placed for 7PM
Hotel Holiday Inn Airport
2:30 - 6:00 Judge
#3 prefers not to be foreperson so #10 assumes
6:00 dismissed Judge asks how long we would like to work we say 8:30
7-8 court closed for dinner
We chose to have dinner (in another room) from 7-7:30
7:30 resume deliberations
Decision chart
By 8:30 we ask for 20 more minutes as we are close.
We vote Not Guilty
Back in court verdict announced (hugs accused and lawyer) Crown asks for jury to be polled
Judge comes to jury room to thank us
We tidy up exhibits and our notes
Taxi chits issued and we leave the courthouse together.
Lack of technical court skills
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